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Miami, FL 33133
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File Number: 2099 Final Action Date: 11/19/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 62/ARTICLE XVI OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND
ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART
REQUIREMENTS INCLUDING BUT NOT LIMITED TO PROVIDING PUBLIC
ART REQUIREMENTS FOR PRIVATE DEVELOPMENT; FURTHER
AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET
REVIEW OF THE ART IN PUBLIC PLACES BOARD; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, various local governments throughout the State of Florida and the country
have implemented public art programs committing to the placement of public art in urban
environments; and
WHEREAS, the City of Miami ("City") had the vision and foresight to adopt the first
public art program in Miami -Dade County in 1967, but due to changes in Administration the
program went dormant; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
March 16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-
018 by a vote of eight to zero (8-0), Item No. 6, recommending approval of the amendments to
the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21
Code"), to establish a public art program; and
WHEREAS, on January 12, 2017, the City Commission adopted Ordinance No. 13657,
which reestablished the public art program for public development projects and directed City
staff to provide for public art requirements for private development that would contribute to the
aesthetic diversity and character of the built environment, and the cultural enrichment of the
community; and
WHEREAS, PZAB, at its meeting on April 5, 2017, following an advertised public
hearing, adopted Resolution No. PZAB-R-17-026 and Resolution No. PZAB-R-17-025 by a vote
of six to one (6-1), recommending approval with one condition of the amendments to Chapter 62
of the Code of the City of Miami, Florida, as amended ("City Code") and to amend Ordinance
No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code")
to establish a public art program for private development, which are attached and incorporated
as Exhibit "A"; and
WHEREAS, PZAB recommended the condition that the Public Art Ordinance shall not
take effect until the adoption of the "Public Art Master Plan"; and
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WHEREAS, PZAB passed a motion directing the Department of Planning and Zoning
staff to draft a "Public Art Master Plan" and bring the draft version before PZAB for review and
recommendations, prior to the "Public Art Master Plan" being scheduled for adoption by the City
Commission; and
WHEREAS, the Historic and Environmental Preservation Board ("HEPB"), at its meeting
on June 6, 2017, following an advertised public hearing, passed a motion authorizing the Chair
to issue a letter of support with a condition to the amendments of the Art in Public Places
Ordinance with regard to its applicability to private development, which such letter is attached
and incorporated as Exhibit "B"; and
WHEREAS, the Art in Public Places Board ("AIPPB"), at its meeting on September 17,
2018, following an advertised public hearing, adopted Resolution No. AIPP-R-18-003 and
Resolution No. AIPP-R-18-002 by a vote of eight to zero (8-0), recommending approval with one
condition to amend Chapter 62 of the City Code and the Miami 21 Code to establish a public art
program for private development, which are attached and incorporated as Exhibit "C"; and
WHEREAS, the Urban Development Review Board ("UDRB"), pursuant to City Code
Section 62-258, at its meeting on December 19, 2018, following an advertised public hearing,
passed a resolution by a vote of six to zero (6-0) to support with conditions to the amendments
of the Art in Public Places Ordinance with regard to its applicability to private development; and
WHEREAS, an encompassing public art program would create a stimulating and diverse
cultural environment that reflects, defines, and enhances the City's heritage, values, and visions
for the future through art integrated in the architecture, infrastructure, and landscape; and
WHEREAS, the City recognizes that the aesthetic diversity provided by art within the
City's built environment is vital to the quality of the life for its residents and to the economic
success of its businesses as it attracts visitors and potential residents, fuels the local economy
by creating job opportunities, and assists the City in fulfilling its mission to make the City a
premiere world class place to live, work, and raise a family; and
WHEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1981), the United States
Supreme Court held that land development regulations which require development to meet
aesthetic conditions have been generally found to be supported by a legitimate public purpose;
and
WHEREAS, in Ehrlich v. City of Culver City, 911 P. 2d 429 (Cal. 1996), the California
Supreme Court held that an art fee on private development is a legitimate aesthetic regulation
which does not require the same level of legal scrutiny as an impact fee; and
WHEREAS, the City Commission desires to amend Chapter 62/Article XVI of the Code
of the City of Miami, Florida, as amended, titled "Art in Public Places" ("Public Art Program"), to
provide for public art requirements for private development and to create a public cultural legacy
for future generations through the curation and exhibition of high quality art that reflects a variety
of artistic styles and a diversity of culture, beliefs, and thinking to chronicle and pay tribute to the
City's history through the collection of artifacts, documents, and memorabilia, and to enhance
the quality of life for its citizens through the placement of art, creation of artistic opportunities
and implementation of art programming; and
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WHEREAS, the requirements found in this Ordinance are design standards based on
the aesthetic needs of the City and its communities and are not intended to be construed as
either an impact fee or a tax; and
WHEREAS, public and private development projects shall contribute to a public art
program to enhance and maintain the City's aesthetic diversity and character; and
WHEREAS, the Public Art Program, as set forth in this Ordinance, does not conflict with
the laws and policies governing any development agreements authorized by Sections 163.3220
- 163.3243, Florida Statutes, as amended, and does not prevent development of the land uses,
intensities, or densities for projects subject to development agreements; and
WHEREAS, the Public Art Program, as set forth in this Ordinance, is essential to the
public health, safety, and welfare of the residents of the City; and
WHEREAS, it is the intent of the City Commission and the Public Art Program to place
art in public places and the fee in lieu of public art as authorized in the Public Art Program is an
alternative that developers may avail themselves of but is not the primary goal of the Public Art
Program; and
WHEREAS, the City Commission hereby finds and declares that the adoption of this
Ordinance is consistent with the Miami Comprehensive Neighborhood Plan, and that it is
necessary, appropriate, and advances the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article XI of the City Code is further amended in the following
particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
* * * *
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
*
Sec. 2-892. - "Sunset" review of boards.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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(4) The following boards shall initially be reviewed in the following years and shall
be reviewed every four years thereafter:
*
r. 2020:
1. Art in Public Places Board
* *„
Section 3. Chapter 62/Article XVI of the City Code is further amended in the following
particulars:
1
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XVI. ART IN PUBLIC PLACES
Sec. 62-655. Art in Public Places Board.
(b) Appointments; Qualifications.
{6). Removal.
a. Mcmbcrs and thc altcrnatc mcmbcrs of thc AIPPB may be rcmovcd for caucc by not lc-f.;
than three affirmative votes of the city commission.
b. There is hereby established a point system. Each member, including alternate members, of
the AIPPB who arrive after the beginning of the first agenda item or leaves before the
one point. Any member of the AIPPB who accumulates more than seven points in one calendar
year shall be brought to the attention of the city commission for its consideration of removal of
the member.
who is absent, for whatever reason, from more than three or more meetings in one calendar
year shall be brought to the attention of the city commission for consideration of removal of the
member.
(c) Functions, Powers and Duties. The AIPPB, with the assistance and recommendations of
the Planning Department, Public Art Division, and all other City departments, as
necessary, shall have the functions, duties, and powers as follows:
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To recommend amendments or modifications to any Miami Comprehensive
Neighborhood Plan ("MCNP") elements, goals, objectives, or policies related to
arts culture or the creative economy;
To hear appeals of decisions of the Wynwood Design Review Board (WDRB)
related to the installation, dedication and donation of art on private development
within the NRD-1;
{3)(5) To approve expenditures of the Public Art Fund as proposed by the City
Manager or his/her designee;
{'I}(6) To approve, approve with conditions, or deny proposed installations,
dedications, or donations of Art, based on the Public Art Program Guidelines and the
Public Art Master Plan; and
{5)(7) To act on any other Art in Public Places related matter as assigned by the City
Commission.
{6)(8) Notwithstanding City Code Section 18-115, the AIPPB shall have the authority
to accept monetary or art donations of art in excess of $25,000.00 in accordance
with this Article.
(d) Proceedings of the Art in Public Places Board ("AIPPB").
(5) Removal and Disqualification of members or alternate members. The AIPPB
members shall comply with Florida Statutes Chapter 112, the Miami -Dade County Code
of Ethics, and the City Code.
(9) Sunset Review. The Committee will be initially reviewed in the year 2020 and
thereafter be reviewed every four (4) years in accordance with Section 2-892 of the City
Code entitled "Sunset Review of Boards".
Sec. 62-658. Selections of works of art for Government Development Projects
The AIPPB shall establish procedures and criteria for the commissioning, selection, and
acquisition of art to be acquired using the resources available within the public art fund, and in
accordance with the criteria and standards set forth in the adopted public art master plan and
the public art program guidelines. The city manager, or his/her designee, may only acquire each
piece of art upon affirmative vote of the majority of the AIPPB. The city manager, or his/her
designee, will negotiate appropriate contracts to acquire, insure, and maintain the art using
available resources within the public art fund and the contract will be executed by the city
manager subject to review and approval of the city attorney.
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The City's Public Art Division shall conduct a community meeting, in the immediate
neighborhood in which the Government Development Project subject to public art requirements
will be constructed, prior to commencing the selection process for the commissioning, selection
and acquisition of public art when said Government Development Project is associated with a
Warrant and or Exception.
(1) Selection process. The AIPPB shall establish procedures for selecting art works
to be purchased from the resources of the city's public arts fund. Those
procedures can include the following:
a. Open competition;
b. Limited competition;
c. Invitation;
d. Direct purchase;
e. Donation; or
f. Any combination of the above.
(2) Selection criteria. In the selection process, the AIPPB shall consider the following:
a. Permanent and temporary works of art shall be located in areas where
residents and visitors live and congregate and shall be publicly accessible
and/or visible from public property or right-of-way (maximum visual
accessibility to pedestrian or vehicular traffic);
b. Location in areas used by tourists, including the waterfront, parks,
thoroughfares, and at public or governmental facilities shall be preferred;
c. The inherently intrusive nature of public art on the lives of those
frequenting a public place. Artworks reflecting enduring artistic concepts,
not transitory ones, should be sought;
d. The cultural and ethnic diversity of the city and South Florida without
deviation from a standard of excellence;
e. The appropriateness to the site, permanence of the work in light of
environmental conditions at the site, maintenance requirements, quality of
the work, likelihood that the artist can successfully complete the work
within the available funding, diversity of works already acquired by the city,
and diversity of the artists whose work has been acquired by the city;
f. If the artwork too closely resembles a business logo or sign, has any
commercial message or purpose, contains adult content as defined in the
Miami 21 Code, and should, therefore, be rejected;
g. Any other criteria set forth in the public art program guidelines as
amended from time to time;
h. Exhibition and sales history of the artist, as well as works of art in public
collections and previous public art purchases or commissions;
i. The maintenance and insurance expense of the art;
j. The public health, safety, and welfare;
k. The ability to safely secure the art against high wind, inclement weather,
or other acts of God; and
I. Whether the art may be reasonably maintained to last for a minimum life
cycle of 25 years.
Sec. 62-659. Application procedures and approval for placement of Art on private property in
lieu of a Public Art Fee; Application procedures and approval for donations of Art in lieu of a fee.
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All applications except as identified in Section 11.6 of the Miami 21 Code, shall be reviewed for
compliance with the criteria set forth in Section 62-658(2) and in accordance with the following
requirements:
A complete application for placement of Art on private property in lieu of a Public Art
Fee shall include:
(a) Preliminary sketches, photographs or other documentation of sufficient
descriptive clarity to indicate the nature of the proposed Art;
(b) A budget or other evidence of the value of the proposed Art including
acquisition and installation costs. To establish the value of Art submitted to
comply with this program's requirements or when disputes arise, the City may
contract with an independent Art appraiser to provide a written appraisal of
the Art.
(c) Preliminary plans containing such detailed information as may be required
by the City to adequately evaluate the location of the Art and its compatibility
with the proposed development project and/or with the character of adjacent
developed parcels and the existing neighborhood;
(d) An executed and notarized agreement, in a form acceptable to the City
Attorney, by the artist who created the Art, in which he/she grants the City
permission to use and authorizing third parties to review and reproduce
documents provided by the artist to the City which are public records
pursuant to Florida Statutes. The City shall also have the option of referring to
the name of the artist and title of the Art in reproductions; and
ILDj Review of Applications submitted for Art on private property in lieu of a Public Art
Fee.
1. Completed applications will be accepted with the required application fee,
as stated in Chapter 62 of the City Code. Applications and the appropriate
fees shall be submitted to the Public Art Division, which shall review
applications and make a recommendation to the AIPPB of the Art as
proposed by the applicant. Said recommendation shall take into
consideration Article 1 and Article 11 of the Miami 21 Code, all applicable
criteria of the adopted Public Art Master Plan, and the Public Art Program
Guidelines.
2. The AIPPB's review of the proposed Art on private property shall be
limited to the following criteria:
Whether the Art conforms to the definition of "Art" as defined in Article
1 of the Miami 21 Code;
f Whether the Art is located in a "Public Place" as defined in Article 1 of
the Miami 21 Code;
Whether the Art meets the minimum Art requirement as per Article 11
entitled "Art in Public Places Program" of the Miami 21 Code;
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LQ Whether the Art as proposed may endanger the health, safety, and/or
welfare of the public.
3. If the application is approved by the AIPPB at a duly noticed public meeting,
the developer, or his/her successor or assignee, shall install the Art prior to
the issuance of a Certificate of Occupancy. At the cost of the developer, or
his/her successor or assignee, he/she may apply for an extension of time and
make such request at a public hearing in front of the AIPPB. The AIPPB may
grant a four (4) month to eight (8) month extension with a showing of good
cause by the developer or his/her successor or assignee. The AIPPB has the
sole discretion to determine what constitutes a showing of good cause.
If, after review of the application for the proposed Art in lieu of a Public Art Fee, the
application is denied by the AIPPB, the Developer may appeal, within fifteen (15) days of
the denial with the Office of Hearing Boards, with the appropriate appeal fee provided for
by the City Code, to the City Commission pursuant to Chapter 62-23(a) of the City Code.
A complete application for donation of Art in lieu of a Public Art Fee with the required
application fee, as stated in Chapter 62 of the City Code shall include:
a. Preliminary sketches, photographs or other documentation of sufficient
descriptive clarity to indicate the nature of the proposed Art;
b. An appraisal or other evidence of the value of the proposed Art, including
acquisition and installation costs. To establish the value of Art submitted
to comply with this program's requirements, the City may contract with an
independent Art appraiser to provide a written appraisal of the Art. Such
appraisal shall either be funded from the Public Art Fund or by the
Developer, in which case the cost of obtaining the appraisal shall be
construed as part of the overall value of the Art; and
c. An executed and notarized agreement by the artist who created the Art, in
which he/she expressly waives all rights and claims to the Art under
applicable State and Federal laws. The City shall have all rights to
reproduce and distribute two-dimensional reproductions of, and shall
have all rights to any trademark, service mark, or trade dress rights
regarding the Art. Approval of the Art shall be deemed as permission
granted by the artist authorizing third parties to review and reproduce
documents provided by the artist to the City which are public records
pursuant to Florida Statutes. The City shall also have the option of
referring to the name of the artist and title of the Art in reproductions.
(4) Review of Applications submitted for donation of Art in lieu of a Public Art Fee.
1. Completed applications with the required application fee, as stated in
Chapter 62 of the City Code, shall be submitted to the Public Art Division,
who shall review them and make a recommendation to the AIPPB based
on the following considerations:
The Art's conformity to the definition of "Art" as defined in Article 1 of
the Miami 21 Code;
ILDi All criteria of this Article;
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The adopted Public Art Master Plan; and
LQ The Public Art Program Guidelines.
2. If the application is approved by the AIPPB at a duly noticed public
hearing in accordance with the adopted Public Art Master Plan and the
Public Art Program Guidelines, the developer, or his/her successor or
assignee, shall install the Art prior to the issuance of a Certificate of
Occupancy. At the cost of the developer, or his/her successor or
assignee, he/she may apply for an extension of time and make such
request at a public hearing in front of the AIPPB. The AIPPB may grant a
one (1) time, four (4) month to eight (8) month extension with a showing
of good cause by the developer or his/her successor or assignee. The
AIPPB has the sole discretion to determine what constitutes a showing of
good cause.
If, after review of the application for donation of Art in lieu of a Public Art Fee, the
application is denied by the AIPPB, the Developer may appeal, within fifteen (15) days of
the denial with the Office of Hearing Boards, with the appropriate appeal fee, to the City
Commission pursuant to Chapter 62-23(a) of the City Code.
Sec. 62-660. Art placed on private property and Donations of Art in lieu of a Public Art Fee.
Except as referenced in Section 11.6 and other relevant Sections in Article 11 of the
Miami 21 Code, any Art that is placed on private property in lieu of a Public Art Fee must
qualify as Art as defined under Article 1/Section 1.5 of the Miami 21 Code, and must be
reviewed by the Public Art Division, and approved by the AIPPB in accordance with the
criteria as set forth in Section 62-659(2)(b). Art that is placed on private property shall be
maintained at all times by the Developer or his/her successor or assignee subject to the
terms of the approval and acceptance of such Art from the AIPPB. Art placed on private
property shall be easily accessible or clearly visible to the general public from adjacent
public property including but not limited to a public right-of-way and/or abutting public
property or other Public Thoroughfare, or cross Block pedestrian or vehicular passage or
pedestrian Paseo.
Sec. 62-662. Ownership and maintenance of artwork placed on site; penalties for violation of
this Article.
(a-}L Ownership of all Art acquired by the City pursuant to the requirements of this Article
shall be vested in the City, which shall retain title to each work of Art.
(baj Ownership of all Art donated to the City pursuant to the requirements of this Article
shall be donated and titled to the City upon approval of the AIPPB.
(3) Ownership of all Art incorporated into private Development Projects shall be vested in
the property owner who shall retain title to the Art. Art that was placed on the site of a
Development Project with the approval of the AIPPB in lieu of a Public Art Fee, shall not be
altered, modified, relocated, removed, or destroyed without the prior approval of the AIPPB.
(4) The responsibility and obligation to provide all maintenance necessary to preserve and
maintain the Art on privately owned property so that its Life Cycle is at least twenty-five
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(25) years shall remain with the Development Project site owner or the owner's
successors or assignees. The responsibility and obligation to maintain the artwork shall
be enforced as follows:
(a) The Art shall not be altered, modified, relocated, removed, sold, or destroyed
without the prior approval of the AIPPB.
(b) Maintenance of the Art shall include, but is not limited to, preserving the Art in a c
condition as required by the Public Art Division; protecting, securing, insuring,
and maintaining the Art against physical defacement, vandalism, mutilation,
alteration, natural elements such as fire and wind, and theft.
(c) If, at any time, the City's Public Art Division and/or the AIPPB determines that the
Art has not been maintained or preserved in a state and appearance
substantially conforming to the state and appearance in which the Art was
originally approved by the AIPPB, the Code Compliance Department of the City
shall issue a notice of violation requiring the current property owner to either:
i. Repair, restore, or rehabilitate the Art within one hundred eighty (180)
days or as may be deemed appropriate by the Pubic Art Division;
ii. Pay the Public Art Fee required under this Article and the Miami 21 Code,
based upon the current fee schedule and the current fair market value of
the building, structure or improvement for which the artwork was required,
as determined by the Miami -Dade County Property Appraiser, within one
hundred eighty (180) days.
(c) Violations of this Article or Article 11 of the Miami 21 Code shall be subject to
enforcement as set forth in Chapter 2/Article X of the City Code, entitled "Code
Enforcement" and any other remedies available at law.
(d) Nothing in this Article shall prohibit the City from taking any and all actions to require
compliance with this Ordinance, maintain the Art, and protect the public health,
safety, and welfare of the public.
(-}0j Stolen or illegally removed Art, or Art that is deemed destroyed by the Public Art Division
in consultation with an independent Art appraiser, must be either:
f4-) Replaced by the property owner within 120 three hundred sixty-five (365) days-
Replaced Art shall be reviewed and approved by the AIPPB subject to the criteria set
forth in this Article; or
{ -) The Public Art Fee required under this Article and the Miami 21 Code, based
upon the current fee schedule and the current fair market value of the building,
structure or improvement for which the Art was required, as determined by an
appraiser, must be paid within 30 one hundred twenty (120) days.
* *„
Section 4. This Ordinance shall not apply to any Development Projects that have a valid
and effective Waiver, Warrant, Class II, Variance, Exception, Certificate of Appropriateness,
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Major Use Special Permit, Development Agreement, or Special Area Plan permit on the date of
adoption by City Commission at Second Reading of this Ordinance and that obtain a master
building permit within twenty-four (24) months of said date of adoption by City Commission at
Second Reading of this Ordinance. If a decision on a Waiver, Warrant, Class II, Variance,
Exception, Certificate of Appropriateness, Major Use Special Permit, Development Agreement,
or Special Area Plan permit has been timely appealed as of the date of adoption by City
Commission at Second Reading of this Ordinance to the PZAB, the HEPB, the City
Commission, or a court of competent jurisdiction, the twenty-four (24) month period to obtain a
master building permit shall begin to run on the date of a final order on the appeal to the highest
court of competent jurisdiction, or the issuance of the permit, whichever is later. This Ordinance
shall not apply to any Development Projects that have been deemed to have a complete
application by the Director of Planning as defined by the application checklist included as
Exhibit "D" to this Ordinance, as of the date of adoption by City Commission at Second Reading
of this Ordinance and that does not remain inactive for a period not to exceed three (3) months,
and has not been substantially modified from its initial submittal, unless at the request of or
proposal of the Department of Planning. Substantial modifications shall mean a material change
such as but not limited to, Height, FLR/Lot Coverage, number of floors and or dwelling units,
decreases in setbacks, open space, uses and parking spaces. If substantially modified, the
Ordinance shall apply to the entire project.
Section 5. All rights, actions, proceedings of the City, including the City Commissioners,
the City Manager, or any of its departments, boards, or officers undertaken pursuant to the
existing City Code provisions, shall be enforced, continued, or completed, in all respects, as
though begun or executed hereunder.
Section 6. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective immediately after adoption of the
Public Art Master Plan.2
APPROVED AS TO FORM AND CORRECTNESS:
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1
ey 11/6/2017
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2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
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